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NUPUR BHATI
D. Ravi Verma @ Dr. Ravi Verma S/o Shri D. Satyanarayan Verma @ Satyanarayan Verma Agankulakshatriya – Appellant
Versus
State of Rajasthan through PP – Respondent
ORDER :
Nupur Bhati, J.
(S.B. Criminal Miscellaneous Bail Application No. 4885/2024)
1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with F.I.R. No.141/2024 dated 21.03.2024, registered at Police Station Kotwali Ganganagar, District Ganganagar, for the offences under Sections 8/22 of NDPS Act.
2. Brief facts of the case are that the petitioner is working as a Psychiatrist at Sri Ram Hospital, Sri Ganganagar. As per the prosecution, an inspection was carried out on 21.03.2024 at the hospital in question and Dr. Rajeeb Kumar who was working with the Sri Ram Hospital was interrogated by the inspection team and upon interrogation, Dr. Rajeeb Kumar stated that he is working as Physician with the Sri Ram Hospital and other than him one Dr. D. Ravi Verma is also working with the Sri Ram Hospital as a Psychiatrist. Dr. Rajeeb Kumar stated before the inspection team that upon the demand of Dr. D. Ravi Verma medicines under Schedule-H are being kept in his room as Dr. D. Ravi Verma’s room is on the first floor of the hospital. Dr. Rajeeb Kumar further stated that on account of the fact that few patients are una
The court established that lawful possession of psychotropic substances for medical purposes, coupled with the absence of mens rea, can justify the granting of bail under the NDPS Act.
No person shall sell, purchase, consume or use any psychotropic substance except in accordance with Drugs and Cosmetics Rules, 1945 Provided that sale, purchase, consumption or use of a psychotropic ....
The main legal point established in the judgment is the interplay between the NDPS Act and the Drugs and Cosmetics Act, and the implications of violating the Drugs and Cosmetics Rules in cases relate....
The accused must prove that dealing in psychotropic substances meets legal standards for medical or scientific use, including adherence to licensing requirements, as outlined in the N.D.P.S. Act.
The court held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
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